Arizona Motion to Bar Use of Certain Aggravating Circumstances is a legal filing that seeks to prevent the prosecution from introducing specific aggravating circumstances during sentencing proceedings in criminal cases. Also known as a Motion to Exclude Aggravating Circumstances, this important legal maneuver can greatly impact the outcome of a case by influencing the severity of the sentence imposed upon the defendant. In Arizona, prosecutors are allowed to present aggravating circumstances, which are factors that increase the severity of a crime and potentially lead to more severe penalties. These circumstances range from prior convictions to heinous nature of the offense, cruel behavior, or causing substantial physical or emotional harm to the victim. However, defense lawyers can file a Motion to Bar Use of Certain Aggravating Circumstances to contest the inclusion of specific factors during the sentencing phase. By arguing against the validity or relevance of certain aggravating circumstances, the defense aims to minimize the potential impact on the final sentencing decision. Some common types of Arizona Motions to Bar Use of Certain Aggravating Circumstances include: 1. Motion to Exclude Prior Convictions: This motion challenges the admissibility of previous convictions, asserting that they may be irrelevant or unfairly prejudicial to the defendant's case. 2. Motion to Remove Heinous Nature of the Offense: This motion contends that the prosecution is exaggerating or misrepresenting the severity of the crime, arguing that it does not warrant an enhanced sentence. 3. Motion to Disallow Cruel Behavior: This motion disputes the inclusion of aggravating circumstances related to the defendant's alleged cruel or unusually malicious conduct during the commission of the offense. 4. Motion to Object Substantial Physical or Emotional Harm: This motion challenges the prosecution's contention that the victim suffered significant physical or emotional harm, arguing that the evidence is insufficient or misleading. 5. Motion to Exclude Faulty Evidence: This motion focuses on disputing the authenticity or reliability of any evidence presented by the prosecution, which is used to support aggravating circumstances. When filing a Motion to Bar Use of Certain Aggravating Circumstances in Arizona, it is crucial for defense lawyers to thoroughly research applicable laws, compile supporting evidence, and build strong legal arguments. By skillfully navigating this complex legal process, defense attorneys aim to secure a fair and just outcome for their clients, ultimately influencing the sentencing decision and potentially lessening the severity of penalties imposed.
Arizona Motion to Bar Use of Certain Aggravating Circumstances
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How to fill out Motion To Bar Use Of Certain Aggravating Circumstances?
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In the event of three strikes, the defendant becomes ineligible for probation, release, pardon or sentence suspension until they have served at least 25 years of their prison sentence.
13-702 - First time felony offenders; sentencing; definition. A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant to subsection D of this section.
Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal. Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime.
13-707 - Misdemeanors; sentencing. A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections.
A. A sentence of imprisonment for a felony shall be a definite term of years and the person sentenced, unless otherwise provided by law, shall be committed to the custody of the state department of corrections.
The defense must provide uncontroverted, credible evidence tending to prove mitigation. Aggravating circumstances include prior convictions, grave risk of danger, murder with pecuniary gain, inmate murders, especially heinous or depraved murders, and prior felony crimes of violence.
Aggravating circumstances include prior convictions, grave risk of danger, murder with pecuniary gain, inmate murders, especially heinous or depraved murders, and prior felony crimes of violence.